D.HARIPARANTHAMAN
S. Arulappan – Appellant
Versus
Government of Tamil Nadu, Rep. by The Secretary to The Government – Respondent
1. Since common question is involved in all these writ petitions, these writ petitions are disposed of by this common order.
2. The petitioners in all these petitions were Secondary Grade Teachers in the Government High Schools and Higher Secondary School. They are governed by the Tamil Nadu Educational Subordinate Service Rules and they are under the control of the Directorate of School Education. But, on completion of 10 years and 20 years of their service, they claim Selection Grade and Special Grade pay of Primary School Headmaster, while the Primary School Headmasters belong to a different service and governed by Tamil Nadu Elementary Education Subordinate Service Rules and they are under the control of the Directorate of Elementary Education.
3. According to the petitioners, as per G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993, they are entitled to Selection Grade and Special Grade pay of Primary School Headmasters. They heavily relied on the judgment of the Division Bench of this Court dated 14.07.2009 in W.P.No.8747 of 2009 confirming the order dated 07.10.1998 in O.A.No.8276 of 1997 of the Tamil Nadu Administrative Tribunal and also the order
Herrington v. British Railways Board
Director of School Education V. A.N.Kandaswamy and Another reported in (1998) 8 SCC 26
Maharaj Krishnan Bhatt V. State of Jammu and Kashmir and Others
R.Tamilarasan etc. V. Director of Handlooms and Textiles and others (1989) 1 LLJ 588
Union of India V. Jaipal Singh
U.P. SEB V. Pooran Chandra Pandy
State of Orissa v. Sudhansu Sekhar Misra
Ambica Quarry Works v. State of Gujarat, (1987) 1 SCC 213 (vide SCC p. 221
Bhavnagar University v. Palitana Sugar Mill (P) Ltd., (2003) 2 SCC 111 (vide SCC p. 130
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